TOWNSHIP OF PEQUANNOCK
BOARD OF ADJUSTMENT
JANUARY 20, 2011
REORGANIZATION AND REGULAR MEETING
Meeting Convened: 7:43 PM
Members Present: Bruno, Dolengo, Hebert, Herforth, Way and Cielusniak. Also present Anthony Wahl, Board Attorney, Eileen Banyra, Board Planner and Ross Sorci, Board Radio Frequency Expert
Members Absent: Imfeld
Notice: Vice Chairman Bruno stated that the Sunshine Law had been complied with by posting the notice of date, time and proposed meeting on the bulletin board of the Municipal Building on January 14, 2010 and sending it to the six area newspapers, including the legal paper on January 14, 2010.
Mr. Cielusniak will represent the Board as a full member.
REORGANIZATION:
Board Vice Chairman Bruno turned the meeting over to the Board Secretary for the purpose of nominating a Chairman. Motion by Dolengo, second by Herforth to nominate Donald Bruno as Chairman. There were no further nominations for Chairman and the nominations were closed. Secretary Zacharenko cast a vote for Donald Bruno as Chairman. The Board unanimously elected Donald Bruno as Chairman.
Motion by Herforth, second by Bruno to nominate Paul Dolengo as Vice-Chairman. There were no further nominations for Vice-Chairman and the nominations were closed. Secretary Zacharenko cast one vote for Paul Dolengo as Vice-Chairman. The Board elected Paul Dolengo as Vice-Chairman.
The Board Secretary turned the meeting over to the Chairman.
Motion by Dolengo, second by Way to appoint Linda Zacharenko as Board Secretary. There were no further nominations for Secretary and the nominations were closed. All in favor. Motion Carried.
Board of Adjustment
January 20, 2011
Donald Bruno was reappointed by the Council for a four year term to end on December 31, 2014.
Motion by Herforth, second by Dolengo to accept the 2011 Calendar with a revision of January 19, 2012 for the reorganization meeting. All in favor. Motion Carried. The Board unanimously adopted the 2011 Calendar.
Motion by Way, second by Hebert to appoint Anthony G. Wahl, Esquire as Board Attorney. There were no further nominations for Board Attorney and the nominations were closed. All in favor. Motion Carried. The Board unanimously appointed Anthony G. Wahl, Esquire as Board Attorney.
Motion by Way second by Bruno to accept the Attorney’s Agreement. All in favor. Motion Carried. The Board unanimously adopted the Attorney’s Agreement.
MINUTES: December 2, 2010
Motion by Way, second by Hebert to approve the minutes as submitted. All in favor. Motion Carried.
RESOLUTIONS:
Herd, 6 Cameron Avenue – Block 3301, Lot 3
Motion by Dolengo, second by Herforth to memorialize the resolution as submitted. In favor: Dolengo, Hebert, Way, and Cielusniak. Motion Carried.
PUBLIC HEARING:
7:52 PM
T-Mobile, 30 Hillview Road, Block 4201, Lot 1 and 2
Cell Tower
A Certified Shorthand Reporter was present to take a verbatim transcript of the hearing. The transcript will be available in the applicant’s file located in the Planning Department.
Reginald Jenkins, Jr., Esquire of Price, Meese, Shulman & D’Arminio represented the applicant T-Mobile Northeast LLC.
Mr. Jenkins gave an opening statement.
Frank Scangarella, Esquire, 565 Newark Pompton Turnpike, Pompton Plains, represented the opposition Stephen and Elizabeth Lyon, 43 Greenview Drive.
7:59 PM
Gregory B. Nowak of KMB Design Group, 1800 Route 34, Suite 209, Wall, New Jersey.
Board of Adjustment
January 20, 2011
Mr. Nowak explained that there were two changes to the site plan: one, the design of the cell tower will now be in the shape of a tree and two, there will be added landscape along the base of the cell tower.
8:16 PM
Mark Harris, 14 Ridgedale Avenue, Cedar Knolls.
FCC Compliance Expert with Pennoni Associates.
8:32 PM
Ross Sorci, 1326 Jones Station Road, Maryland.
Radio Frequency Expert contracted by the Board to evaluate the cell tower proposal.
Marked for Exhibit A-2 – FAA visual analysis/determination dated 1/6/11
Marked for Exhibit A-3 – FAA determination of no hazard site
Marked for Exhibit A-4 – Report entitled Notice of Presumed Hazard
9:09 PM
Ben Shidfar, 4 Sylvan Way, Parsippany
Radio Frequency Engineer representing the applicant.
The applicant must submit to the Board revised maps showing the airport hazard zone and must submit the results of their drive testing.
The application will be carried to the March 3rd meeting of the Board. No further notice is necessary.
There being no further business, motion by Dolengo, second by Herforth to adjourn the meeting at 10:38 PM.
Respectfully submitted,
Linda Zacharenko
Board of Adjustment Secretary
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